추심금
1. The Defendant’s KRW 256,709,805 and KRW 196,472,664 among the Plaintiff and the Plaintiff’s KRW 60,237,141.
Facts of recognition
Plaintiff
Under Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), a supplementary intervenor is a management body established by consisting of all sectional owners of the six underground floors in Jung-gu Seoul Metropolitan Government and the eleventh aggregate buildings in the size of the ground (hereinafter referred to as the "instant building"), and the defendant is a sectional owner of the 9th, 13, 14 and 10th, and 11th, of the instant building.
On July 5, 2010, the Plaintiff filed an application for payment order against the Plaintiff’s Intervenor seeking payment of agency fees with the Seoul Central District Court 2010 tea 48461, and the said court issued the payment order on July 15, 2010 that “The Plaintiff’s Intervenor paid KRW 217,425,533 and delay damages therefor to the Plaintiff,” and the said payment order became final and conclusive around that time.
On August 27, 2013, the Plaintiff received the order of seizure and collection (hereinafter “instant order of seizure and collection”) from the Seoul Central District Court 2013TTTB27292 as the title of the execution of the instant order of payment, with respect to “the amount until it reaches the amount of KRW 256,709,805 among the general management expenses to be paid monthly by the Defendant to the Intervenor joining the Plaintiff regarding the nine floors 13, 14, and 10, and 11 of the instant building.” The instant order of seizure and collection was served on the Defendant on August 30, 2013.
Meanwhile, as stipulated in Articles 17 and 25 of the Aggregate Buildings Act and Article 39 of the Commercial Building Management Regulations (No. 7-2 of the Evidence A) for the Plaintiff’s Intervenor, the Plaintiff’s Intervenor imposed KRW 27,277,257 (including value-added tax) monthly administrative expenses for the nine floors of the instant building from June 2010 to February 2015, respectively. However, the Defendant was directly paid KRW 27,277,257 each month from June 6, 2012 to KRW 27,27,257 each month, and did not pay to the Plaintiff’s Intervenor, respectively.
Since then, the defendant is the plaintiff.